Employer received Earnings Arrestment notification

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vulturu0707
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Joined: 19 Jun 2017 21:35

#1 Employer received Earnings Arrestment notification

Post by vulturu0707 » 19 Jun 2017 22:28

Hello everyone, I registered to this forum to specifically discuss an issue which I have to deal with since today and I really hope that someone with expertise in this particular field could help.

My employer has informed me that he has received a letter from a Sheriff Officer regarding an Earnings Arrestment, basically to deduct earnings from the debtor(me) toa creditor.

The problem is that I haven't been aware of this case and I have never been told/received any letters regarding this. Moreover, the address which appears next to my name is not correct anymore, as I moved out of that place over 2 years ago. I do recognize the name of the creditor, but I have no idea what the case is all about and I find it very unfair to have got to this stage, without me knowing anything about it. I have stopped all the communications with this person quite a while ago.

Could you please advise on what do I have to do now? Also I am not very sure of what are all the rights I have at this stage, am I still able to appeal this case, do I have the right to request all the letters which were sent to the wrong address and see what is all about, is it normal for me to find about this case from my employer?

As I have no experience in this area, every help is very much appreciated.

Thank you.

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Michelle
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#2 Re: Employer received Earnings Arrestment notification

Post by Michelle » 19 Jun 2017 22:56

Sounds like someone issued a claim against you and got a judgment by default (a CCJ). CCJs are recorded on Trustonline: https://www.trustonline.org.uk/search-yourself Sounds like the claimant issued the claim at your old address, and for that reason, you did no receive the claim form. A CCJ can be enforced in various ways, an attachment of earnings order is one of them. You should also have received notification that this was applied for, but because it was sent to your old address, you did not receive it. When there is no response to the notification, the creditor can contact your employer directly. When you say you stopped all communication with the claimant "quite a while ago", how long ago was that? If you haven't paid or acknowledged a debt in writing, it could be statute barred. Given the terminology you use, I assume you may be in Scotland, where the limitation period is just 5 years.
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Michelle
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#3 Re: Employer received Earnings Arrestment notification

Post by Michelle » 19 Jun 2017 23:00

If the debt was statute barred when the claim was issued or you have grounds to dispute the debt, the judgment could be set aside.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

vulturu0707
Posts: 4
Joined: 19 Jun 2017 21:35

#4 Re: Employer received Earnings Arrestment notification

Post by vulturu0707 » 19 Jun 2017 23:24

Hi Michelle

Thank you for getting back to me and for clarifying the process.

Yes, I live in Scotland.

This person used to be a friend of mine but for some personal reasons(not money/debts related), I have decided to stop/avoid any contact with him. So I was very surprised when I have been informed regarding the letter as I have no idea what is he claiming money for. The communications have been stopped between 2 and a half years and 3 years ago. I never owed anything to this person.

Thanks.

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Michelle
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#5 Re: Employer received Earnings Arrestment notification

Post by Michelle » 20 Jun 2017 11:53

An attachment of earnings order can only be issued on the back of a money judgment, so this person must have issued a claim against you at some point. Have you checked to see if there's a judgment/decree against you and who obtained it?
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

vulturu0707
Posts: 4
Joined: 19 Jun 2017 21:35

#6 Re: Employer received Earnings Arrestment notification

Post by vulturu0707 » 20 Jun 2017 22:55

Hi Michelle

This morning I went to the Sheriff Officers who sent the Earnings Arrestment Schedule to my employer. Unluckily, the person who was in charge of this case wasn't in and will only be back to work on Thursday. A colleague of him talked with me and she was very surprised to find out that I have never received any letters about this case and that it has gone so far. She was very helpful and provided me with the case reference number and a copy of The Simple Procedure Decision Form (both I have never seen before). She advised me to go to the Sheriff Court to find out more details about the case.

At the court, I have been to the Sheriff Clerks Office and they weren't able to tell me exactly why I haven't been notified of this case and also were very surprised when I told them that the address they had was not correct. I also found out from them that the case started in February 2017 and finished in May 2017. I have moved out from my old address almost 2 years before the case started.

They said that the legislation is not clear enough if I can still submit the 13B Form, as The Simple Procedure Rules states the following:

If the sheriff made a decision (other than dismissal) in the case, a party may apply for recall at any time before the decision of the sheriff has been fully implemented.

They said that it is not very clear what fully implemented means.

After that I went to the in-court Citizen Advice Bureau to ask for legal advice. The person who helped me said that it is very unusual that I haven't heard anything about this case and after going back to the Sheriff Clerks Office with her, they gave us the register of the case with all the documents. The 2 letters which were sent to my old address were both posted back to Royal Mail. So clearly the person who lives in my old flat did the right thing. The this person told me to speak with the Sheriff Officers and check why they formed the view that documents were formally served on you on two occasions, when it obviously didn't. He also said that he never heard something like this before which makes me even more worried.

What I am planning to do now is to send tomorrow the 13B Form and attach a letter to it, explaining the unique situation and asking for a recall of the decree.

On Thursday I am also planning to speak over the phone with the Sheriff Officer who has been dealing with the earnings arrestment.

Any suggestions are very welcomed at this stage as I am quite shocked after what I've been told today.

Many thanks.

vulturu0707
Posts: 4
Joined: 19 Jun 2017 21:35

#7 Re: Employer received Earnings Arrestment notification

Post by vulturu0707 » 22 Jun 2017 22:43

Hi everyone

Today I had a phone call with the person from the Sheriff Officers who dealt with the case and send the earnings arrestment to my employer. He basically had no idea what to tell me, when I explained the situation to him, he found it hard to find his words. He tried to tell me that maybe I left some accounts or bills or whatever on the old address, but I told him that is not the case. He also said that one of the neighbours there confirmed that I would still leave there, although I moved out more than a year and a half before the case started. I told him that from my point of view their checks were not good enough and in this case the same mistake has been made twice, so I don't think they followed the correct procedures. The only thing he could said is that he will definitely have a serious chat with the claimant and that he is not in a position to be able to offer me legal advice, and if I would like to challenge the earnings arrestment then I will have to seek legal advice somewhere else. By the tone of his voice and the way the conversation has been, I am seriously thinking to get a lawyer and sort out this case as soon as possible. I find the entire situation very abusive and I have all the proofs to support my case successfully (including witnesses).

I have also submitted the 13B form to the Sheriff Court, so I will wait until next week to see if they understand the special circumstances of this case and decide to recall the decree, if that doesn't happen I will more than sure get a lawyer. I am originally from an EU member state and under no circumstances I will accept the fact that this fictive case could have a negative impact on my status and rights to remain in the UK after Brexit, so I am determined to go as far as I need to get it sorted.

Does anyone with a bit more experience and knowledge in this field have any advice or suggestions? Would you do the same and get a lawyer if you would be in my position?

Thank you.

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